THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2),, BARODA vs. M/S. NEXUS SOFTWAR LTD.,, VADODARA

PER Ms. MADHUMITA ROY - JM: The instant appeal filed by the Revenue is against the order dated 29.11.2016 passed by the Commissioner of Income Tax (Appeals)-12, Ahmedabad under section 147 r.w.s. 143(3) of the Income Tax Act, 1961 arising out of the order dated 31.03.2014 for the Assessment Year 2007-08. 2. At the time of the hearing, we observe that the tax effect in the appeal filed by the Revenue is less than Rs. 20 lacs. As per the Circular No. 3 of 2018 dated 11/07/2018 issued by CBDT recently all pending appeals filed by Revenue are liable to be dismissed/ withdrawn/ not pressed to reduce the litigation where the tax effect does not exceed the prescribed monetary limit, i.e., Rs.20 Lacs. The relevant extract of the circular is reproduced below: Asst.Year –2007-08 “2. In supersession of the above Circular, it has been decided by the Board that departmental appeals may be filed on merits before Income Tax Appellate Tribunal and High Courts and SLPs/ appeals before Supreme Court keeping in view the monetary limits and conditions specified below.

S. Appeals/ SLPs in Income-tax matters Monetary Limit No. (Rs.)

The monetary limit for filing the appeals by the Revenue before the Tribunal has been increased to Rs. 20 Lacs. It is also clarified in the said Circular that the said monetary limit is applicable retrospectively even to the appeals pending before the Tribunal. The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.20 lacs may be withdrawn / not pressed. Asst.Year –2007-08 provided in the aforesaid CBDT Circular in any manner. The MA shall be filed within the prescribed time. Hence the appeal of the Revenue is dismissed.

आदेश क" ""त"ल"प अ"े"षत/Copy of the Order forwarded to : 1. अपीलाथ" / The Appellant